An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, providing for consumer protection and for artificial intelligence and chatbots; imposing duties on the Bureau of Consumer Protection in the Office of Attorney General; and imposing penalties.

PRINTER'S NO. 2831
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2175
Session of
2026
INTRODUCED BY SHUSTERMAN, SCHLOSSBERG, SAPPEY, HILL-EVANS,
HOWARD, FREEMAN, WAXMAN, RIVERA, OTTEN, SANCHEZ, CEPEDA-
FREYTIZ, BOYD, SCOTT, DOUGHERTY, DALEY, PROBST, HANBIDGE AND
ISAACSON, JANUARY 30, 2026
REFERRED TO COMMITTEE ON COMMERCE, JANUARY 30, 2026
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for consumer protection and
for artificial intelligence and chatbots; imposing duties on
the Bureau of Consumer Protection in the Office of Attorney
General; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART VI
CONSUMER PROTECTION
Chapter
71. Artificial Intelligence and Chatbots
CHAPTER 71
ARTIFICIAL INTELLIGENCE AND CHATBOTS
Sec.
7101. Scope of chapter.
7102. Definitions.
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7103. Protection of personal information.
7104. Advertising.
7105. Disclosure of artificial intelligence technology.
7106. Enforcement and penalties.
7107. Construction.
§ 7101. Scope of chapter.
This chapter relates to artificial intelligence and chatbots.
§ 7102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Artificial intelligence." As defined in 18 Pa.C.S. §
3131(g) (relating to unlawful dissemination of intimate image).
"Artificial intelligence technology." A computer system,
application or other product that uses or incorporates one or
more forms of artificial intelligence.
"Bureau." The Bureau of Consumer Protection in the Office of
Attorney General.
"Chatbot." As follows:
(1) Artificial intelligence technology that:
(i) Uses generative artificial intelligence to
engage in interactive conversations with a consumer.
(ii) A supplier represents, or a reasonable person
would believe, can or will provide information to a
consumer to help a consumer manage a situation or treat a
condition, including a situation or treatment involving
mental health care.
(2) The term does not include artificial intelligence
technology that only:
(i) provides scripted output, including a guided
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meditation or mindfulness exercise; or
(ii) analyzes an individual's input for the purpose
of connecting the individual with a human mental health
professional.
"Consumer." An individual located in this Commonwealth at
the time that the individual accesses or uses a chatbot.
"Consumer input." Content provided to a chatbot by a
consumer.
"Covered entity." As defined in 45 CFR 160.103 (relating to
definitions).
"Generative artificial intelligence." As defined in 18
Pa.C.S. § 3131(g).
"Health care provider." As follows:
(1) A person, corporation, facility, institution or
other entity licensed, certified or approved by the
Commonwealth to provide health care or professional medical
services.
(2) The term includes a physician, chiropractor,
optometrist, professional nurse, certified nurse-midwife,
podiatrist, hospital, nursing home, ambulatory surgical
center and birth center.
"Health plan." As defined in 45 CFR 160.103.
"Individually identifiable health information." Information,
whether oral or recorded in any form or medium, that relates to
the physical or mental health or condition of an individual.
"Mental health care." Any care, treatment, service or
procedure to maintain, diagnose, treat or provide for mental
health, including any medication program and therapeutic
treatment.
"Mental health professional." As follows:
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(1) An individual who is licensed, certified or
otherwise authorized in accordance with the laws of this
Commonwealth to administer or provide mental health care in
the ordinary course of business or practice of a profession.
(2) The term includes:
(i) Any of the following, as defined in section 2 of
the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985:
(A) A physician.
(B) A physician assistant.
(ii) An advance practice professional as defined in
section 2 of the act of May 31, 2018 (P.L.123, No.25),
known as the Outpatient Psychiatric Oversight Act.
(iii) An individual licensed as a psychologist in
accordance with the act of March 23, 1972 (P.L.136,
No.52), known as the Professional Psychologists Practice
Act.
(iv) Any of the following, as defined in section 2
of the act of May 22, 1951 (P.L.317, No.69), known as The
Professional Nursing Law:
(A) A certified registered nurse practitioner.
(B) A clinical nurse specialist.
(v) Any of the following, as defined in section 3 of
the act of July 9, 1987 (P.L.220, No.39), known as the
Social Workers, Marriage and Family Therapists and
Professional Counselors Act:
(A) A licensed associate marriage and family
therapist.
(B) A licensed associate professional counselor.
(C) A licensed bachelor social worker.
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(D) A licensed clinical social worker.
(E) A licensed marriage and family therapist.
(F) A licensed professional counselor.
(G) A licensed social worker.
(H) A social worker.
(vi) An addictions counselor who is licensed,
certified or otherwise authorized to staff drug and
alcohol treatment projects and provide services regarding
substance abuse and recovery, in accordance with 28 Pa.
Code Pt. V (relating to Department of Drug and Alcohol
Programs) and the laws of this Commonwealth.
"Operator." An individual or entity, including a
corporation, partnership, limited liability company, business
trust, estate, foundation, association, organization or trust,
or an agent or subsidiary thereof, that offers the use of or
provides a chatbot to a consumer, if the chatbot is bought from
or otherwise provided by a supplier.
"Supplier." As follows:
(1) A seller, lessor, assignor, offeror, broker or other
person that regularly solicits, engages in or enforces
transactions with a consumer regarding a chatbot, whether or
not the person deals directly with the consumer.
(2) The term includes an operator.
§ 7103. Protection of personal information.
(a) Prohibition.--Except as provided under subsections (b)
and (c), a supplier may not sell to or share with a third party
the following:
(1) Individually identifiable health information of a
consumer.
(2) Consumer input.
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(b) Applicability.--The prohibition under subsection (a)
shall not apply if:
(1) Either:
(i) A health care provider requests access to the
individually identifiable health information of the
consumer and the consumer consents to the access in
accordance with subsection (d).
(ii) The consumer requests that a health plan be
provided access to the individually identifiable health
information of the consumer and the consumer consents to
the access in accordance with subsection (d).
(2) The individually identifiable health information is
shared in accordance with subsection (c).
(c) Sharing information.--
(1) A supplier may share a consumer's individually
identifiable health information if:
(i) the sharing of the information is necessary to
ensure the effective functionality of the chatbot with a
third party with which the supplier has a contract
related to the functionality; and
(ii) the consumer consents to the sharing of the
information in accordance with subsection (d).
(2) When sharing information in accordance with this
subsection, the supplier and the third party shall comply
with all applicable privacy and security provisions of 45 CFR
Pts. 160 (relating to general administrative requirements)
and 164 (relating to security and privacy), as if the
supplier were a covered entity and the third party were a
business associate.
(d) Consent.--
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(1) A consumer may consent to access to individually
identifiable health information of the consumer by a health
care provider or health plan in accordance with this section.
(2) To be effective, the consent under this subsection
must:
(i) Be in writing.
(ii) Acknowledge that the consumer understands and
agrees to the access of the individually identifiable
health information of the consumer by a health care
provider or health plan.
(3) The consent under this subsection may involve the
consumer initialing or signing the acknowledgment described
in paragraph (2)(ii), checking a box, providing an electronic
signature or hitting a button.
§ 7104. Advertising.
(a) Supplier.--A supplier may not:
(1) Use a chatbot to advertise a specific product or
service to a consumer in a conversation between the consumer
and the chatbot.
(2) Use consumer input to:
(i) Determine whether to display an advertisement
for a product or service to the consumer, unless the
advertisement is for the chatbot itself.
(ii) Determine a product, service or category of
product or service to advertise to the consumer.
(iii) Customize how an advertisement is presented to
the consumer.
(b) Construction.--This section shall not be construed to
prohibit a chatbot from recommending a consumer to seek
counseling, therapy or other assistance from a mental health
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professional.
§ 7105. Disclosure of artificial intelligence technology.
(a) Policy required.--
(1) Subject to paragraph (2), a supplier of a chatbot
shall develop, implement and maintain a written policy
containing disclosures regarding the chatbot in accordance
with subsection (c).
(2) In complying with paragraph (1), a supplier shall
protect any trade secret or other proprietary information
regarding the chatbot.
(b) Consent required.--
(1) Before accessing the features of a chatbot or
entering the chat page of a chatbot, a consumer must
acknowledge that the consumer has read, understands and
consents to the policy described under subsection (a) and the
purpose, capabilities and limitations of the chatbot.
(2) The consent under this subsection must be in writing
and may involve the consumer initialing or signing the
acknowledgment described in paragraph (1), checking a box,
providing an electronic signature or hitting a button.
(c) Specific disclosures.--The policy described under
subsection (a) must clearly and conspicuously provide the
following:
(1) The intended purposes of the chatbot.
(2) The abilities and limitations of the chatbot.
(3) A statement that the chatbot is an artificial
intelligence technology and is not a human, which must be
provided each time that the consumer asks or otherwise
prompts the chatbot about whether artificial intelligence is
being used.
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(4) The procedures by which the supplier:
(i) Conducts testing, prior to making the chatbot
publicly available and regularly thereafter, to ensure
that the output of the chatbot poses no greater risk to a
consumer than that posed to an individual communicating
with a human.
(ii) Identifies reasonably foreseeable adverse
outcomes to, and potentially harmful interactions with,
consumers that could result from using the chatbot.
(iii) Provides a mechanism for a consumer to report
any potentially harmful interactions from the use of the
chatbot.
(iv) Implements protocols to assess and respond to
risk of harm to consumers or other individuals.
(v) Details actions taken to prevent or mitigate any
adverse outcomes or potentially harmful interactions.
(vi) Implements protocols to respond, as soon as
practicable, to acute risks of physical harm.
(vii) Reasonably ensures regular, objective reviews
of safety, accuracy and efficacy, which may include
internal or external audits.
(viii) Provides consumers with instructions on the
safe use of the chatbot.
(ix) Prioritizes consumer mental health and safety
over engagement metrics or profit.
(x) Implements measures to prevent discriminatory
treatment of consumers.
(xi) Ensures compliance with the security and
privacy provisions of 45 CFR Pts. 160 (relating to
general administrative requirements) and 164 (relating to
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security and privacy), as if the supplier were a covered
entity.
(d) Documentation.--A supplier shall maintain documentation
regarding the development and implementation of the chatbot that
describes:
(1) Foundation models used in development.
(2) Training data used.
(3) Compliance with Federal and State privacy law.
(4) Consumer data collection and sharing practices.
(5) Ongoing efforts to ensure accuracy, reliability,
fairness and safety.
(e) Filing.--A supplier shall file the policy described
under subsection (a) with the bureau, in the form and manner as
prescribed by the bureau, along with:
(1) The name and address of the supplier.
(2) The name of the chatbot.
(3) An annual filing fee as prescribed by the bureau.
(f) Additional information.--A supplier may provide to the
bureau, in the form and manner prescribed by the bureau:
(1) Any revision to the policy described under
subsection (a) and filed in accordance with subsection (e).
(2) Any other documentation that the supplier deems
appropriate to provide.
(g) Compliance.--A supplier shall comply with the
requirements of the policy filed in accordance with this
section.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Trade secret." As defined in section 5302 (relating to
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definitions).
§ 7106. Enforcement and penalties.
(a) Administration and enforcement generally.--The bureau
shall administer and enforce the provisions of this chapter.
(b) Actions by bureau.--In enforcing this chapter, the
bureau may:
(1) Impose on a supplier an administrative fine not to
exceed $2,500 for each act or omission that constitutes a
violation of this chapter by the supplier.
(2) Bring an action in a court of competent jurisdiction
against a supplier whose act or omission constitutes a
violation of this chapter.
(c) Court authority.--
(1) In an action brought by the bureau to enforce this
chapter, the court may:
(i) Declare that an act or practice violates a
provision of this chapter.
(ii) Grant injunctive relief.
(iii) Order the disgorgement of money received in
violation of this chapter.
(iv) Order the payment of disgorged money to a
consumer or other person injured as a result of a
violation of this chapter.
(v) Impose a fine not to exceed $2,500 for each act
or omission that constitutes a violation of this chapter.
(vi) Award other relief as the court deems
reasonable and necessary.
(2) If the court awards judgment or injunctive relief to
the bureau, the court shall award the bureau:
(i) Reasonable attorney fees.
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(ii) Court costs.
(iii) Investigative fees.
(3) The court may impose a civil penalty not to exceed
$5,000 for each violation of an administrative or court order
issued for a violation of this chapter.
(d) Attorney General.--The Attorney General may bring a
civil action on behalf of the bureau to collect a fine or civil
penalty imposed under this section.
(e) Deposit.--The bureau shall deposit all fines and civil
penalties collected under this section into the fund designated
for the receipt of money relating to the 988 Suicide and Crisis
Lifeline.
(f) Private right of action.--Nothing in this section shall
be construed to limit any other remedy available at law.
§ 7107. Construction.
Nothing in this chapter shall be construed to:
(1) Bar or otherwise restrict the bureau from bringing
an enforcement action in accordance with other State law
against a supplier.
(2) Claim, imply, advertise or otherwise recognize that
a chatbot is, or replaces services rendered by, a mental
health professional or emotional support professional.
Section 2. This act shall take effect in 60 days.
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